Approved: June 1, 2004
Revised: April 9, 2013
2. Policy Statement
B. Issuance and Renewal
1. Application and Approval Process
3. Appeal Process
C. Termination, Amendment or Suspension
D. Fish Buyers Licence
2. Non-Food Use
3. Independent Buyers
i. Lobster (Wholesale)
ii Lobster (Retail)
3.2 Specialty Items
3.3 By-Catch Species
E. Fish Processors Licence
2. Secondary Processing
3. Non-Food Use
5. Voluntary Closure
Schedule “B” - (Revised July 20, 2012)
Eligible and Ineligible Species List
Nova Scotia Live Lobster Holding and Handling Criteria
List of Contacts and Web Site Information
Fisheries and Coastal Resources Act, S.N.S. 1996 c. 25, as amended
Buyers’ Licensing and Enforcement Regulations,
O.I.C. 2000-286 (June 1, 2000), N.S.Reg. 99/2000
Fish Inspection Regulations, O.I.C. 84-1404 (December 4, 1984, effective January 1, 1985), N.S. Reg. 286/84 as amended up to O.I.C. 2002-142 (March 28, 2002, effective January 1, 2002), N.S. Reg. 47/2002
The purpose of this policy is to provide, within the province of Nova Scotia, an equitable environment in which to conduct fish buying and fish processing activities.Consultation with industry, reports to the Minister of Fisheries and Oceans by the Fisheries Resource Conservation Council, and periodic reviews of the Department’s 1994 Fish Processors and Fish Buyers Licence Policy, contributed to the development of this policy document.Careful consideration will be given to all matters related to fish processing and fish buying which evolve from the ongoing negotiation process of fishing agreements between First Nations and the federal government.
The objectives of this policy are to:
- reduce or eliminate redundant buying and processing capacity.
- address illegal buying activities.
- enable the Department to gather timely and relevant information from
the industry which will be used to provide direction for enforcement
and compliance initiatives.
- ensure that all processing activities meet food production standards.
- promote the health and safety of seafood consumers.
- blend opportunities in coastal communities with resource availability.
- promote job creation with specific initiatives and capacity limitations.
- strengthen partnerships between government and industry.
- promote employment in coastal communities.
- encourage long-term commitment and investment in the Province of Nova Scotia.
- increase utilization of existing processing capacity.
- encourage and support further processing and handling of fish or fish products, by linking government lending directly to job creation in Nova Scotia.
- promote new species and product development.
- exclude non-repayable contributions by government to existing and new processing facilities for capital construction and equipment.
|1.||APPLICATION AND APPROVAL PROCESS|
||An applicant may apply for a Fish Processors
Licence and/or a Fish Buyers Licence by completing application
forms which are available on the website at: http://novascotia.ca/fish/licensing/home.shtml, or from the Nova Scotia Department of Fisheries and Aquaculture (1575 Lake Road, Shelburne, Nova Scotia) or Coastal Resource Coordinator offices located
throughout the province (see List of Contacts).|
||An applicant, or an existing licence holder, may be required to submit a business plan which outlines the intended operation, any necessary approvals, or any other information, including, but not limited to, the following:
- detailed description of proposed facilities
- raw material supply
- technical competence
- market potential
- site and intended buying location
||An applicant, or an existing licence holder, will be advised of the outcome of the application, in writing, within 21 days of the Registrar of Licensing receiving all information relevant to the application.|
||When a licence is issued, it will contain species and/or process endorsements.|
||All applicable municipal, provincial and federal permits and approvals must be in place to obtain a Fish Processors Licence and/or a Fish Buyers Licence, and all permits and approvals must remain valid.|
||A $257.65 non-refundable administration fee must accompany each application for a Fish Processors Licence and a Fish Buyers Licence.
||All fees are payable by cheque or money order, made payable to the Minister of Finance. |
||Licence fees, as set out in regulation, are payable prior to the issuance of a licence or renewal of an existing licence.(See Schedule “A”)|
||If a licence renewal fee is not received within thirty days of the expiry date of the licence, the licence will be cancelled.In order for the licence to be reinstated within the calendar year, an application for the licence must be submitted, together with fees as outlined in paragraph 2.1 to 2.3 above.|
||A person who is aggrieved by a decision of an employee of the Department may appeal the decision to the Minister, within thirty days of the date of the decision, by notifying the Minister in writing and submitting a non-refundable $257.65 fee.
||The Minister has the authority under the Fisheries
and Coastal Resources Act to refuse to issue a
licence, to amend, vary or terminate a licence as part
of his/her mandate for the general supervision and control
of the processing, buying, selling, packaging, possession
and marketing of fish within the Province. All licensing
decisions are made in light of that mandate.
||If an applicant or a licence holder is under investigation
by the Department for an offence under the Fisheries
and Coastal Resources Act (including regulations
under the Act) for matters pertaining to fish and fish
products, all transactions related to the application
or the licence may be deferred until the matter has
||If an applicant or a licence holder is under investigation
or has been found guilty of an offence under the Fisheries
and Coastal Resources Act or regulations, the Minister
may refuse, pursuant to Section 75 of the Act, to issue
a licence and the Minister may, in addition to any other
actions that may be taken against the licence holder,
amend, suspend, terminate or not renew the licence,
pursuant to subsection 76(2) or (3) of the Fisheries
and Coastal Resources Act.
If an applicant or a licence holder has been found guilty of an offence under:
the Minister may refuse, pursuant to Section 75 of
the Act, to issue a licence and the Minister may,
in addition to any other actions that may be taken
against the licence holder, amend, suspend, terminate
or not renew the licence, pursuant to subsection 76(2)
or (3) of the Fisheries and Coastal Resources Act.
- the Excise Tax Act (Canada) or regulations;
- the Fisheries Act (Canada) or regulations;
- the Fish Inspection Act (Canada) or regulations;
- the Food and Drugs Act (Canada) or regulations;
- the Health Act or regulations;
- the Income Tax Act (Canada) or regulations
||The Minister will notify the licence holder of the
pending action, and the licence holder may apply for
a hearing to show cause why their licence should not
be terminated, amended or suspended and why it should
||A Fish Buyers Licence may be issued, or amended, to a person who is licensed to process those species outlined in Schedule “B”. |
||A licensed fish buyer, who does not own and maintain a fish processing facility, is not eligible to amend a licence unless specifically identified in this policy.|
||A licensed fish buyer is required, in accordance with regulations, to designate the ports where he/she conducts fish buying activity.|
||A person who buys fish for non-food use will require a Fish Buyers Licence.Non-food use includes, but is not limited to, petfood and pharmaceuticals.|
A Fish Buyers Licence may be issued or amended for the following species to a person who does not own and maintain a fish processing facility, subject to meeting the following requirements:
- Lobster (Wholesale) - the Fish Buyers' Licensing
and Enforcement Regulations and the Nova Scotia Live Lobster Holding and
Handling Criteria (see Schedule “C”)
- Lobster (Retail) - the Fish Buyers’ Licensing and Enforcement Regulations. A Fish Buyers Licence for lobster is required by a retail outlet and is subject to the following terms and conditions:
- A retail outlet must be in compliance with the requirements of the Food Protection and Enforcement Division of the Nova Scotia Department of Agriculture
- Sales must be to final consumers only.
- A retail outlet is required to keep records of its buying activity.
||SPECIALITY ITEMS - for the purpose of commercial trade
- marine animals
- marine plants
- aquaculture seed stock - except for an aquaculturist who buys seed stock from another aquaculturist for grow-out purposes
- bait - except for a fisher who buys bait from another fisher to be used as bait
||BY-CATCH SPECIES - A person who buys species authorized by the
Department of Fisheries and Oceans as a by-catch to the eligible species
applied for on the licence.
||A Fish Processors Licence may be issued or amended with species endorsements as outlined in Schedule “B” where an applicant, or an existing licence holder, can demonstrate a commitment to processing product in Nova Scotia.|
||An active licenced fish processing facility must be in compliance, as a condition of the Fish Processors Licence, with the requirements of the Fish Inspection Regulations of the Canadian Food Inspection Agency.|
||If a licensed fish processing facility is sold or leased, the existing licences will be cancelled and new licences may be issued to the same facility upon all regulatory requirements being met.|
||A licence for a groundfish processing
facility will be permanently cancelled if not in compliance with the Fisheries and Coastal Resources Act or regulations for a period exceeding twelve months.|
||An application for secondary processing will be considered for all species, including groundfish.A processor who is not endorsed to process groundfish in Nova Scotia, must obtain his/her primary processed groundfish from an existing licensed groundfish processing facility.“Secondary processing” means the processing of fish as part of its preparation for market beyond the primary processing stage. This can be achieved by:
- adding one or more ingredient(s) other than water or salt, which results in a substantive increase to the bulk and/or a substantive transformation to the taste and texture of the fish as a food product (for example, au gratin, chowder or sauce); or
- applying some other treatment or process to it, other than salting or curing, which results in a significant taste, flavour and/or texture enhancement of the fish as a food product (for example, breading, battering, smoking, marinating or pasteurizing).
||A person who processes fish for
non-food use will require a Fish Processors Licence. Non-food use includes, but is not limited to, pet food and pharmaceuticals.|
||A licence holder may apply to relocate its licensed fish processing facility within the same county, in order to overcome critical deficiencies in construction and equipment or to address other operational deficiencies.All requests to relocate must be accompanied by documentation from a relevant regulatory agency which addresses critical deficiencies or supporting documentation which addresses operational deficiencies.|
||Voluntary closure is a status applied to a fish processing facility that is inactive, and where the certificate of registration with Canadian Food Inspection Agency has been cancelled.A processing facility in voluntary closure must meet the requirements of the Nova Scotia Fish Inspection Regulations and is subject to annual inspections by the Department and fees as prescribed by regulation.|
|Fish Processors Licence
|Fish Buyers Licence||Fee Per Species Group|
|(e) Aquaculture Products
|Fees are calculated per species group and not by the number of individual species within that group. See Schedule "B" for a list of species within each species group.|
NOVA SCOTIA LIVE LOBSTER HOLDING AND HANDLING CRITERIA
Applicants for a Nova Scotia Fish Buyer Licence and licence holders must meet, and continue to maintain, the requirements outlined in Sections A, B, C and D as follows:
Applicants must develop a Nova Scotia Live Lobster Facilities Protocol by completing the Guidelines for the Development of a Live Lobster Facilities Protocol, available on this website http://novascotia.ca/fish/licensing/lobsterprot3.pdf. Applicants must meet the Minimum Requirements as outlined on pages 4 and 5 of the Guidelines.
B. General Requirements - Holding and Handing Facilities
- Applicants and existing licensed buyers must own, and continue to maintain, a lobster holding and handling facility. The facilities will be subject to inspection prior to final approval of the application.
- Ownership of the facilities may be established by submitting proof of a deed, lease, or tax assessment. A Purchase and Sale Agreement may be submitted until such time as a deed, lease or tax assessment is available.
- The approved holding and handling facilities shall be distinct, have their own water intake system and not be encumbered by other users.
- Licence holders will not be permitted to share the same holding and handling facility.
- All intake pipes must be located below the low water mark.
C. Minimum Requirements Holding Facility
- Only a tidal pound or dryland pound will be considered as an approved holding facility.
Tidal Pound means an enclosed shoreline facility that permits natural holding of live lobsters. Seawater is permitted to enter and leave the structure with the natural rise and fall of the tide. It is recommended that there be a minimum of four feet rise in the tide.
Dryland Pound means an enclosed facility constructed on-shore of plastic, fibreglass, concrete or other approved material which is capable of holding live lobsters in controlled conditions utilizing pumped seawater.
- The minimum capacity of the live lobster holding facility is required to be not less than 907 kg (2,000 lbs.) of lobsters.
- In closed systems (no intake pipe and water is trucked in), re-circulation systems will be reviewed on their technical merit.
D. Minimum Requirements Handling Facility
Each approved holding facility will have available in the immediate area a handling facility of not less than 13.4 square meters (144 square feet) in which to receive, pack and handle live lobster.
The following information is supplemental to the Nova Scotia Fish Processors and Fish Buyers Licence Policy
(Amended April 9, 2013)
Nova Scotia Department of Fisheries and Aquaculture
1575 Lake Road
Shelburne, Nova Scotia
CIVIC ADDRESS :
1575 Lake Road
Shelburne, Nova Scotia
Marine Division - Licensing & Compliance Services
|Registrar Fisheries Licensing:
Coastal Resource Coordinators
Nova Scotia Department of Agriculture
Food Protection and Enforcement Division
|Toll-free: 855-893-5309 or 902-893-5311 (Truro)
PO Box 890 (Harlow Building)
Truro, Nova Scotia
Canadian Food Inspection Agency
23 Industry Avenue
P.O. Box 5100
Yarmouth, Nova Scotia
Mr. William Moore|
1080 Upper Prince Street
P.O. Box 758
Sydney, Nova Scotia
Nova Scotia Fisheries and Aquaculture - http://novascotia.ca/fish/
Nova Scotia Seafood Processing/Buying - http://novascotia.ca/fish/marine/proc.shtml
Nova Scotia Seafood Suppliers - http://novascotia.ca/fish/marketing/seafood/